Shorey v. Thompson

John I. Purtle, Justice.

This is an appeal from the denial by the circuit judge of a petition for certiorari to the municipal court of Benton County. We agree with the decision of the circuit court that certiorari was improper under the circumstances.

The appellant, charged with DWI, appeared for trial in the municipal court prepared to record the trial with a tape recorder. His request to record the proceedings with a “small, hand-held, pocket-size, quiet, unobstrusive recorder” was rejected by the municipal court judge on the ground that it constituted improper discovery by the defendant.

The…